Employers need a potentially fair reason to dismiss you. If they do not have a potentially fair reason and you have two years of service or more, you can take action against them for unfair dismissal.
Redundancy is a potentially fair reason for dismissal, and our redundancy solicitors can provide you with expert legal advice on whether your redundancy was unfair.
Redundancy can be where: Your employer has, or wants to:
And also if Your employer has or intends to:
Speak to our redundancy solicitors for expert legal advice on redundancy.
Your employer may have gotten the process wrong, or not ceased trading or perhaps the work of a particular kind has not truly diminished. If you believe your employer has got it wrong, let our redundancy solicitors assist you with expert legal advice on whether this is a genuine redundancy.
In order for the redundancy to be fair, the employer has to consult with you adequately and treat you fairly during the selection process and decision-making process.
It is not always easy to consider whether the employer acted fairly in all the circumstances, or whether the reasons for the redundancy are genuine or not.
If the employer has made you redundant because of your protected characteristics such as:
This will likely be an unfair selection and potentially an act of discrimination.
If the employer has not used a fair selection process for example only considering some of you for redundancy from a larger pool of workers doing a similar role, or not been consistent in how they selected you or did not use fair selection criteria, the redundancy again may be unfair.
If the employer has used unfair or discriminatory criteria to make you redundant, this can be challenged. In order to do so, speak to our redundancy solicitors who can provide you with expert legal advice.
Our redundancy solicitors can also assist you with finding out if your employer had properly considered suitable alternative employment, or any alternatives to redundancy. Our redundancy solicitors can provide you with advice on whether any offer of alternative was suitable, and what is generally suitable alternative employment.
If you believe you have been unfairly selected, you need to seek expert legal advice from our redundancy solicitors urgently.
You have to take action within 3 months of the act you are complaining about. If you believe you were scored unfairly because of your protected characteristics, the time limit will run from the specific act.
If you believe your redundancy dismissal was unfair because it was unfair procedurally you will have to act within 3 months of the day you first stopped working for that company.
Our team of redundancy solicitors can provide you with expert legal advice. We have successfully advised and supported individuals and groups of individuals through redundancy situations. We have also a wealth of experience with challenging the decision of large multinational companies, to a medium and small employers.
Your employer may decide to settle any dispute or may decide to terminate your employment through a settlement agreement.
If this is the case, our redundancy solicitors can assist with advising you on the terms of the settlement agreement and any potential negotiations.
Please contact our employment law advice solicitors for further assistance.
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